In the News

In September, the Institute for [Policy Integrity] at the New York University School of Law wrote the White House to complain that at least three new rules violated the Bolten decree against what the institute called “last-minute” policymaking.

Environmentalists and public-policy watchdogs are expecting similar industry-friendly regulatory changes in the coming months. Such “midnight regulations” have become common practice in recent decades as presidents, both Republican and Democrat, seek to leave their mark on public policy.

Among the latest proposals is an October “policy brief” by Michael Livermore—an environmentalist and head of the Institute for Policy Integrity—calling for a new executive order within the first 100 days of the next administration to reform the regulatory review process and ensure “balanced cost-benefit analysis and smart, effective regulation.”

Dudley’s letter came in response to concerns raised by Richard Revesz, dean of New York University’s law school, and Michael Livermore, director of the NYU Institute for Policy Integrity. The duo wrote to the Office of Management and Budget last month outlining three regulations proposed “in violation of Mr. Bolten’s directive.”

The Oct. 9th letter to NYU Law Dean Richard L. Revesz states that a May 9th memo from White House Chief of Staff Josh Bolten to federal agencies ‘was not intended to be a moratorium on proposed regulations’ and ‘contemplates some circumstances in which it would be appropriate for individual regulations to proceed without regard to deadlines if approved by’ her office. Dudley is administrator of the White House Office of Information and Regulatory Affairs.

In less than a week, this country will have a new President … but the old administration will still be hard at work, potentially pushing through last minute regulations for three more months. That leaves plenty of time for more bad news for the environment and public health.

10.28.08 Executive Director, Michael Livermore on NPR’s “The Diane Rehm Show” regarding Bush Administration’s “midnight regulations.”

A look at the regulatory changes made by presidents in the final days of their administrations.

Richard Revesz, Dean of NYU’s School of Law, and Michael Livermore, Director of the Institute for Policy Integrity sent a letter to OMB Director Jim Nussle in early September, expressing concern that OMB was not asserting “appropriate controls over the regulatory process,” and giving three examples of proposed rules that appeared to violate the Bolten memo. One of the three mentioned is the infamous rule proposed by the Department of Labor on occupational health risk assessment.

Our next President will face triplet crises on the economy, environment, and energy. A fiscal crisis teetering on recession, uncontrolled greenhouse gases, and oil-rich dictators profiting from sky-high prices at the pump. With these three major storm fronts rolling in and threatening to collide, we’d better be prepared with a good plan. And I don’t think evacuation is an option.

10.23.08 : Coverage of IPIs response from OIRA on Bush Administration’s midnight regulations.

“There are many reasons to oppose the new Health and Human Services regulations that would expand provider conscience protections. The new regulations would enable providers not only to refuse to supply but refuse to refer patients for procedures or services the providers opposed, including contraception, abortion, and sexual health care services.”